Commission Agenda Item 4
August 21, 2025
- Item Type: Action
- Presenter: Chris Cerny
Implementation of Legislation During the 89th Texas Legislative Session – Senate Bill 1247 – Relating to Consolidating Certain Nonresident Hunting Licenses – Recommended Adoption of Proposed Changes
I. Executive Summary:
Staff seeks adoption of a proposed amendment to the rule governing available hunting licenses. The provisions of Senate Bill (S.B.) 1247, adopted during the 89th Texas Legislative Session, eliminated three nonresident hunting licenses and expanded the versatility of the current general nonresident hunting license while also renaming it.
II. Discussion:
S.B. 1247 amended the Texas Parks and Wildlife Code to reduce the number of nonresident hunting license options from five to two, effective September 1, 2025. As a result, the proposed amendment reflects the two license options available for nonresident hunters during License Year 2026, which are a nonresident general hunting license (previously titled “general nonresident hunting license”) and a nonresident five-day hunting license. The amendment also deletes the nonresident banded bird hunting license, nonresident spring turkey hunting license, and nonresident special hunting license options to align with the statutory changes.
At the Texas Parks and Wildlife Commission (Commission) Work Session meeting on May 21, 2025, staff was authorized to publish proposed rules in the Texas Register as necessary to implement legislation from the most recent legislative session. The proposed changes appeared in the July 18, 2025, issue of the Texas Register (50 TexReg 4080). A summary of public comment on the proposed changes will be presented at the time of the meeting.
III. Recommendation:
Staff recommends that the Commission adopt the following motion:
“The Texas Parks and Wildlife Commission adopts an amendment to Title 31 of the Texas Administrative Code, section 53.5, as listed in Exhibit A, with changes as necessary to the proposed text as published in the July 18, 2025, issue of the Texas Register (50 TexReg 4080).”
Attachment – 1
Exhibit A – Commission Agenda Item No. 4
RULES REQUIRED OR AUTHORIZED BY LEGISLATION
SENATE BILL 1247
NONRESIDENT HUNTING LICENSE CONSOLIDATOIN
ADOPTION PREAMBLE
1. Introduction
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags General Rules. The proposed amendment would comport the agency’s rules regarding license types to reflect the enactment of Senate Bill 1247 by the most recent session of the Texas Legislature. Senate Bill 1247 amended Parks and Wildlife Code, Chapter 42, to eliminate three types of nonresident hunting licenses (the nonresident special hunting license, the nonresident spring turkey hunting license, and the nonresident banded bird hunting license), retitle the general nonresident hunting license as the nonresident general hunting license, and add alligators to the species that may be lawfully taken under that license.
The proposed amendment also would eliminate subsection (a)(3)(B) to comport the section with other rules that establish provisions for digital license products offered by the department and make a nonsubstantive grammatical change in subsection (a)(9).
2. Fiscal Note.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to the department as a result of administering the rule, as the proposed amendment is simply a housekeeping measure to reflect legislative action.
There will be no fiscal implications to other units of state or local government.
There will be no effect on persons required to comply with the rule as proposed.
3. Public Benefit/Cost Note.
Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be accurate regulations with respect to nonresident hunting licenses.
(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that because the rule as proposed does not directly regulate any small business, microbusiness, or rural community, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rule.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of a fee;
(5) not create a new regulation or expand an existing regulation;
(6) neither increase nor decrease the number of individuals subject to regulation; and
(7) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposed rules may be submitted to Shaun Oldenburger (Small Game Program Director) at (512) 389-4778, email: shaun.oldenburger@tpwd.texas.gov or via the department website at https://tpwd.texas.gov/.
5. Statutory Authority.
The amendment is proposed under the provisions of Senate Bill 1247, enacted by the 89th Texas Legislature (RS), which eliminated the nonresident special hunting license, the nonresident spring turkey hunting license, and the nonresident banded bird hunting license.
The proposed amendment affects Parks and Wildlife Code, Chapter 42.
6. Rule Text.
§53.5. Recreational Hunting Licenses, Stamps, and Tags.
(a) Hunting Licenses:
(1) – (2) (No change.)
(3) youth hunting — $7.
[(A)] Valid for any person under 17 years of age on the date of license purchase.
[(B) This license is available in a digital version that does not include the license log or the physical license tags found on the physical license.]
(4) nonresident general[general nonresident] hunting — $315;
[(5) nonresident special hunting — $132;]
(5)[(6)] nonresident five-day [special] hunting — $48;
[(7) nonresident spring turkey hunting — $126;]
[(8) nonresident banded bird hunting — $27; and]
(6)[(9)] Texas resident active-duty[active duty] military hunting package — $0. Package consists of a resident hunting license, an upland game bird stamp, a migratory game bird stamp, an archery stamp.
(b)- (d) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on